Terms of service

This website is operated by PhDesigns. The terms “we,” “us,” and “our” on this site refer to PhDesigns. PhDesigns offers this website and all information, tools, and services made available to you through this website to you—the user—on the condition that you agree to all terms, policies, and notices contained herein. By visiting our site and/or purchasing something from us, you are using our “Service” and agreeing to the following terms and conditions (hereinafter referred to as “Terms and Conditions” or “Terms”), including any additional terms and policies referenced herein or linked herein. These Terms of Service apply to all users of the site, including visitors, suppliers, customers, merchants, and/or content contributors. Please read these Terms of Service carefully before visiting or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you may not visit the website or use any of its services. To the extent that these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. The Terms and Conditions also apply to any new features or tools that may be added to the current store. The current version of the Terms and Conditions is always available on this page. We reserve the right to amend, modify, or replace the Terms and Conditions in whole or in part by publishing updates and/or changes on our website. You are responsible for checking this page regularly to see if anything has changed.

ARTICLE 1 - ONLINE STORE TERMS AND CONDITIONS

By agreeing to these Terms and Conditions, you represent that you are of legal age under the laws of your country of residence, or that, as an adult under the laws of your country of residence, you have given us permission for minors for whom you are responsible to use this site. You may not use our products for unlawful or unauthorized purposes. You may also not violate the laws of your jurisdiction while using the Service. You may not transmit worms, viruses, or malicious code. If you fail to comply with any provision of these Terms and Conditions, it will result in the immediate termination of your Services.

ARTICLE 2 - GENERAL PROVISIONS

We reserve the right to refuse service to anyone, for any reason, and at any time. You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and that this may involve (a) transmission over various networks; and (b) modifications to the data to comply with technical requirements imposed by connected networks or devices. Credit card information is always encrypted when transmitted over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any element on the website through which the Service is provided, without our express written permission. The headings in this agreement are intended solely for your convenience and do not affect these Terms, nor do they otherwise affect them.

ARTICLE 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information on this site is inaccurate, incomplete, or out of date. The material on this site is provided solely as general information and should not be used as the sole basis for decisions without consulting primary, more accurate, more complete, or more recent sources of information. If you rely on the material on this site, you do so at your own risk. This site may contain certain historical data. Historical data is, by its nature, not current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update the information on our site. You agree that you are responsible for checking for changes to our site.

ARTICLE 4 - CHANGES TO PRICES AND THE SERVICE

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service, or any part thereof, periodically and without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.

ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be offered exclusively online through the website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy. We make every effort to display the colors and images of our products in the store as accurately as possible. However, we cannot guarantee that your computer monitor will display all colors accurately. We reserve the right to limit the sale of our products or Services to certain individuals, regions, or jurisdictions, without being obligated to do so. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of products or services we offer. All product descriptions and prices are subject to change by us at any time and at our sole discretion, without prior notice. We reserve the right to discontinue offering a product at any time. An offer on this site for a product or service is void where such an offer is prohibited. We do not guarantee that the quality of any products, services, information, or other materials you purchase or obtain will meet your expectations, or that errors in the Service will be corrected.

ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any orders you place with us. We may limit or cancel purchases at our discretion, per person, per household, or per order. These restrictions may also apply to orders placed by or through the same customer account or credit card, and/or orders with the same billing and/or shipping address. If we modify or cancel an order, we may notify you using the email address and/or billing address or phone number you provided when placing the order. We reserve the right to limit or refuse orders that, in our opinion, are placed by merchants, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information with every purchase you make in our store. You agree to promptly update your account information and other details, including your email address and credit card numbers and expiration dates, so that we can process your transactions and contact you as necessary. Please read our Return Policy for more information.

ARTICLE 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not control and over which we have no authority or influence. You agree that access to such tools is provided to you “as is” and “as available,” without any warranty, condition, or support from us. We are in no way liable for or in connection with your use of optional third-party tools. You use optional tools offered through the site entirely at your own discretion and entirely at your own risk, and you must ensure that you have read and agree to the terms under which these tools are provided by the relevant third-party providers. If we proceed to offer new services and/or features via the website (such as the release of new tools and resources), these Terms of Service shall apply to such new features and/or services.

ARTICLE 8 - THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include third-party materials. Third-party links on this site may direct you to external websites with which we have no affiliation. We are under no obligation to review or evaluate the content or accuracy of such materials, and we make no warranties and assume no liability whatsoever regarding third-party materials or websites or other materials, products, or services from third parties. We are not liable for any loss or damage arising from the purchase or use of goods, services, resources, or content, or any other transactions related to third-party websites. Please review the third-party’s policies and practices carefully before entering into a transaction with them. Complaints, claims, issues, or questions regarding third-party products should be directed to that third party.

ARTICLE 9 - COMMENTS, FEEDBACK, AND OTHER USER SUBMISSIONS

If you submit something at our request (for example, as part of a contest) or, on your own initiative, send us creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, regular mail, or otherwise (collectively, “Submissions”), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any Submission you send us at any time and without restriction. We are under no obligation to (1) keep any submission confidential; (2) pay compensation for any submission; or (3) respond to any submission. Without being obligated to do so, we may review, edit, or remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates these Terms and Conditions or the intellectual property rights of any party. You agree not to post comments that infringe upon the rights of third parties, including copyrights, trademark rights, the right to privacy, personality rights, or other subjective or property rights. You further agree not to post any comments that contain defamatory or otherwise unlawful, offensive, or obscene material, or that contain computer viruses or other malware that could impair the operation of the Service or any related website. You may not use false email addresses or impersonate anyone else, or otherwise mislead us or third parties regarding the source of any comment. You are solely responsible for all comments you post and for their accuracy. We accept no responsibility or liability for comments posted by you or any third party.

ARTICLE 10 - PERSONAL DATA

Our Privacy Policy governs how we collect and use personal data. Please read our Privacy Policy.

ARTICLE 11 - ERRORS, INACCURACIES, AND OMISSIONS

Our site or the Service may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, prices, promotions, offers, shipping costs, delivery times, and availability. If any information in the Service or on any related website is inaccurate, we reserve the right at any time to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders, without prior notice (including after you have placed an order). We are under no obligation to update, modify, or clarify any information in the Service or on any related website, including pricing information, unless we are legally required to do so. If a date is provided on the Service or on any related website indicating that information has been updated or revised, this does not mean that all information on the Service or on any related website has been modified or updated.

ARTICLE 12 - PROHIBITED USE

In addition to other prohibitions set forth in the Terms and Conditions, you may not use the site and its content: (a) for unlawful purposes; (b) to incite others to commit or participate in unlawful acts; (c) to violate international, national, or local laws and regulations; (d) to infringe upon our intellectual property rights or the intellectual property rights of others; (e) to harass, insult, harm, discredit, defame, belittle, intimidate, or discriminate against others on the basis of gender, sexual orientation, religion, ethnic or national origin, race, age, or disability; (f) to transmit false or misleading information; (g) to upload or transmit viruses or other malicious code that may or will be used in a manner that impairs the functionality or operation of the Service or any related website, other websites, or the internet; (h) to collect or track the personal data of others; (i) for spam, phishing, pharming, pretexting, spiders, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website pursuant to this provision regarding prohibited use.

ARTICLE 13 - DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

We do not guarantee that our Service will be uninterrupted, timely, secure, or error-free during your use. We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that we may remove the Service periodically for an indefinite period and may terminate it at any time without prior notice to you. You expressly agree that you use the Service entirely at your own risk, and that you bear the sole risk of the Service’s unavailability. The Service and all products and services provided to you through the Service are (unless we expressly state otherwise) provided to you “as is” and “as available,” without any express or implied warranty of any kind, including warranties of merchantability, quality, fitness for a particular purpose, durability, title, or non-infringement. Under no circumstances shall PhDesigns, our directors, officers, affiliates, agents, representatives, contractors, subcontractors, interns, suppliers, service providers, or licensors be liable for any loss, loss, damage, or claim, or any direct, indirect, incidental, or special damages, punitive damages, or consequential damages of any kind, including damages for loss of profits, loss of revenue, loss of savings or data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the Service or of products obtained through the Service, or for any other claim in any way related to your use of the Service or of any product, including claims regarding errors or omissions in content, or any loss or damage of any kind resulting from the use of the Service or any content (or any product) posted, transmitted, or otherwise made available through the Service, even if we have been advised of the possibility of such damages. Because some jurisdictions do not allow the limitation of liability for incidental or consequential damages, our liability for such damages is limited to the fullest extent permitted by law.

ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PhDesigns and our parent company, subsidiaries, affiliates, partners, directors, officers, (commercial) agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from and against any and all claims or demands by third parties, including reasonable legal fees, arising from your failure performance by you of these General Terms and Conditions or of the documents incorporated herein by reference, or from a breach by you of any provision of law or regulation or of the rights of a third party.

ARTICLE 15 - SEVERABILITY

If any provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision shall remain in effect to the fullest extent permitted by law and shall be deemed severable from these Terms and Conditions, without affecting the validity and enforceability of the remaining provisions.

ARTICLE 16 - TERMINATION

The commitments and obligations entered into by the parties prior to the date of termination shall remain in effect in all cases following the termination of this agreement. These Terms and Conditions remain in effect until terminated by you or by us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or by ceasing to visit our website. If, in our sole discretion, we believe or suspect that you have breached any provision of these Terms and Conditions, we may terminate this agreement at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination. In addition, we may also deny you access to our Services (or any part thereof).

ARTICLE 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules published by us on this website or in connection with the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede all prior and existing oral and written agreements, communications, and proposals between you and us (including previous versions of the Terms of Service). If any provision of these Terms of Service is subject to multiple interpretations, it shall not be construed against us.

ARTICLE 18 - GOVERNING LAW

These Terms and Conditions and all other agreements under which we provide the Services to you shall be governed by and construed in accordance with the laws of the State of Belgium.

ARTICLE 19 - CHANGES TO THESE TERMS OF SERVICE

The current version of the Terms of Service is always available on this page. We reserve the right to amend, modify, or replace the Terms of Service, in whole or in part, at our sole discretion, by publishing updates and changes on our website. You are responsible for regularly checking our website to see if anything has changed. If you continue to visit our website or use the Service after we have published changes to these Terms and Conditions, this means that you accept these changes.

ARTICLE 20 - COPYRIGHT

All images, text, photos, and designs on this website are protected by copyright. All rights reserved. Publication or reproduction of any material (text and/or images) from this website without the written consent of Pieter Houbaert of PhDesigns is prohibited. If you wish to use a photo, please contact us at: info@phdesigns.be

ARTICLE 21 - CONTACT INFORMATION

Questions regarding these Terms and Conditions may be sent to info@phdesigns.be